Judgment Search Results Home > Cases Phrase: electricity supply act 1948 repealed section 12 incorporation of board Page 6 of about 655 results (0.184 seconds)

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... section 59 deals with savings reads as under:-"(1) notwithstanding anything contained in this act, the powers, rights and functions of the regional electricity board, the central electricity authority, the central government and authorities other the state electricity board and the state government under the indian electricity act, 1910 or the electricity (supply) act, 1948 or rules framed thereunder shall remain ..... 28 defines generating electricity act, 2003 section 2 relates to definitions sub-section company which reads as under:-"generating company means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, ..... contended that ppa1999 revised and restated ppa2007 act 1948, act 1999, act 2003 combined reading of various provisions like definition, generating company, licensee, repeal and saving 123 clauses would result in power is vested with the kerc under section 86(1)(f) to entertain 1st respondents o.p.against pca proceedings on the other hand, learned counsel for the petitioner submitted that under repeal and savings of the act 1998 and 2003, it is to ..... for when those bye-laws were altered the changes would get incorporated into the contracts themselves, so as to afford no scope for ..... : sec.2(28): generating company means any company or body corporate or associated or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station. .....

Uttaranchal Jal Vidyut Nigam Ltd. Vs. Uttaranchal Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL182

..... however, vide an order dated 24.08.2007 the supreme court observed that the question "as to whether section 43a of the electricity (supply) act 1948 as repealed in respect of the state of uttar pradesh was applicable in respect of the state of uttaranchal after the uttar pradesh re-organisation act 2000 and till the state electricity regulatory commission was created on 05.09.2002", had not been addressed by us. ..... the relevant provision is extracted below : "43-a (2): the tariff for the sale of electricity by a generating company to the board shall be determined in accordance with the norms regarding operation and the plant load factor as may be laid down by the authority and in accordance with the rates of depreciation and reasonable return and such other ..... this act, inter alia, made provisions for un-bundling of the up state electricity board. ..... section 54(1) of the reforms act gives overriding effect to the act over the indian electricity act 1910 and electricity (supply) act 1948, but does not repeal the two acts for the state of uttar pradesh.section 54(1) is reproduced below: "54(1) except as provided in section 55, the provisions of this act, notwithstanding that the same are inconsistent with or contrary to the provisions of the indian electricity act, 1910, or the electricity (supply) act, 1948 shall prevail in the manner and to the extent provided in sub-section (3)." 5. .....

Hari Bansh Lal Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... section 2 (58) repealed laws means the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 repealed by section 185; section 131 deals with the vesting of property of board in the state government and the provisions relating to officer and employee. ..... to operate as if the repealed laws were in force with respect to such licences, authorisations, approvals, clearances and permissions, as the case may be, and thereafter such licences, authorisations, approvals, clearances and permissions shall be deemed to be licences, authorisations, approvals, clearances and permission under this act and all provisions of this act shall apply accordingly to such licences, authorizations, approvals, clearances and permissions; (c)the undertaking of the state electricity boards established under section 5 of the electricity (supply) act, 1948 may after the ..... in view of the new provision appearing in the electricity act, 2003 the identity, constitution and function of state electricity board stood changed and, therefore, the petitioner cannot seek direction for providing benefit and reinstatement in view of any of the provision of the electricity (supply) act, 1948 and for further reason that aforesaid electricity (supply) act, 1948 has now been repealed.15. .....

Andhra Pradesh State Road Transport Corporation Rep. by Its Executive ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD787; 2008(5)ALT87; 2009LC(AP)790

..... the electricity act, 2003 (for short 'the 2003 act'), which came into force with effect from 10-6-2003, repealed the indian electricity act, 1910; the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998, and several state electricity reform acts. ..... according to him, the fact that the commission is vested with these powers under part-vii, unlike such powers being vested in the sebs and the licensees which succeeded to the sebs under the repealed acts, shows that the agreements entered into by the erstwhile board/licensees with the petitioners are inconsistent with the provisions of the 2003 act and, hence, sub-sections (2) and (5) of section 185 do not come to the rescue of the petitioners. ..... the 2003 act, instead of taking away, expressly recognized such rights under sub-section (5) of section 185 of the said act by specific incorporation of section 6 of the general clauses act, which reads as under:6. ..... : means the consumers one or more high tension of the aptransco listed in schedule 4 attached consumers of the board receiving to this agreement, receiving power from the power from the board as detailed aptransco at a voltage of 11 kilo volts (kv) in the list at scheduled 4 and above; to whom wheeled energy is desired attached to this agreement, to by the company to be wheeled by the whom the electrical energy from aptransco, as per the prior approval of the the project is desired by the aptransco. .....

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals.this clause seeks to repeal the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 ( 14 of 1998) and save certain matters specified in that clause.the scheduleenactments(see sub-section (3) of section 185)1. ..... issued by the state government ipso facto and as such neither could have been treated to be a part and parcel of the tariff framed by state electricity board under section 49 of 1948 act nor could have force of law on its own but required to be considered by the concerned state electricity board while framing its tariff and only when it resolve and decide to implement such directions in a particular manner, the same could have been enforced and ..... been decentralised in various companies yet the authorities of erstwhile upseb who have now been transferred and absorbed in newly incorporated companies are yet working in the same old atmosphere as if the hierarchy as it was existing in the erstwhile ..... the concept of subsidiary company only implies that the newly incorporated company which is a subsidiary company has its share holding owned by the promoting company hut neither it dilutes, in any manner the concept of conferment of legal personality nor the .....

U.P. State Electricity Board Vs. Upper Jumna Valley Electricity Supply ...

Court : Kolkata

Reported in : AIR1988Cal336

..... in the facts of the case it was held that though section 7 of the act of 1910 had been since amended and section 71 of the electricity (supply) act, 1948 stood repealed by the time the periodof the licence expired the rights already acquired under the earlier provisions were not taken away as the repeal or amendment did not lay down that the existing rights, obligations or liabilities under the earlier enactments would stand repealed. ..... (2) the book value of an undertaking for the purpose of sub-section (1) shall be deemed to be the depreciated book-value as determined under the provisions of the fourth schedule to the electricity (supply) act, 1948 (act 54 of 1948) of all lands, buildings, works for the purpose of the undertaking other than (i) a generating station declared in the licence as not to form part of the undertaking for the purposes of purchase, and (ii) service-lines or other capital ..... state electricity board the appellant was constituted under section 5 of the electricity supply act of 1948 (hereafter referred to as the said act of 1948).5. ..... the said act of 1949 was amended in 1955 when a new section 5a was incorporated in the act. ..... the supreme court was only concerned on the interpretation of the proviso which was incorporated in the statute by way of amendment and to what extent the retrospective operation should be given to the same.70. ..... 1910 as incorporated by the impugned amendment ordinances and acts were expropriatary in nature. .....

Sitaram Singh Vs. Meghalaya State Electricity Board and ors.

Court : Guwahati

..... unless the regulations sought to be framed by the board covering any of the matters specified in section 79 of the electricity (supply) act, 1948 are published in the official gazette, such regulations can not have any legal ..... the first compartment, the arguments advanced to the effect that the 1996 regulations do not repeal the 1973 regulations which continue to hold the field and even assuming that 1973 regulations stood repealed, such repeal can not impair the vested right of the petitioner by virtue of the section 6(c) of the general clauses act, may be included. ..... has next argued that even assuming that the 1996 regulations have impliedly repealed the 1973 regulations, by virtue of the provisions of section 6(c) of the general clauses act, such implied repeal can not take away the accrued rights of the petitioner. ..... has contended that while it is true that the 1996 regulations do not expressly repeal the 1973 regulations yet such repeal must be necessarily implied in the facts of the case. mr. ..... according to the learned counsel, the expressed repeal of an earlier enactment being the rule and implied repeal being an exception, the 1973 regulations not having been specifically repealed must be deemed to be in force ..... by referring to the provisions of regulations 113 and 114 of the 1996 regulations has contended that the said provisions contain an inbuilt inference against any repeal of the 1973 regulations. ..... , the 1996 regulations do not expressly repeal the 1973 regulations. mr. .....

Sri Bhagwan Gupta Vs. Kanpur Electricity Supply Company Ltd. and ors.

Court : Allahabad

Reported in : 2005(2)AWC1269

..... or taken under the corresponding provisions of this act ;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made ;(c) the indian electricity act, 1956 made under section 37 of the indian electricity act, 1910 as it stood before such repeal shall continue to be in force till the regulations under section 53 of this act are made ;(d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 shall continue to have effect until such rules ..... , 1998 (4) scc 470, it has been held that the terms of conditions for supply of electricity to consumers notified by the board in exercise of power under section 49 of electricity (supply) act, 1948 and made applicable to all consumers availing supply of electricity, are statutory in character. ..... this being the legal position, the electricity board in our opinion rightly applied clause 16.9 of the tariff and there is no infirmity in the assessment made and the bill prepared in pursuance thereof.'14. ..... state electricity board and ors. ..... bihar electricity board and ors. ..... -- for the purposes of this section--(a) 'assessing officer' means an officer of a state government or board or licencee as the case may be, designated as such by the state government. .....

Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Reported in : 2009LC(DEL)32

..... repeal and saving: (1) save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. ..... in sohanlal, the court also did not notice the mandate of section 50 of the 2003 act, which enjoins the regulatory commissions to specify an ?electricity supply code? ..... as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made;(c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in force till the regulations under section 53 of this act are made. ..... (d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1948) shall continue to have effect until such rules are rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued by the state government. .....

Raj Electricals (Regd.) Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 2007(3)ARBLR449(Delhi); 142(2007)DLT687

..... repeal and saving- (1) save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed ..... (d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1958) shall continue to have effect until such rules are rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were ..... the respondent who is a company incorporated for supply and distribution of electricity has a better infrastructure available with it to fulfill the needs of ..... section 3 of the indian electricity act, 1910 provides that only state government, on an application made in prescribed form and on payment of prescribed fee, can grant license after consulting state electricity board to any person to supply energy in any specified area and also to lay down or place electric supply lines for conveyance ..... is argued on the basis of part vi of delhi electricity reforms act, 2000 which deals with the licensing and it is provided in clause 20(6) that the provisions contained in the schedule to the indian electricity act, 1910 shall be deemed to be incorporated and shall form part of the every supply license granted under this part, except where they have been .....